Peculiarities of collective bargaining regulation of labor relations in foreign countries

In the context of labor law reform, in particular, the adoption of the new Law of Ukraine “On Collective Agreements and Contracts”, the publication of the draft law on collective labor disputes, as well as taking into account the increasingly clear prospects for Ukraine’s integration into the European Union, it is important to understand the current trends in the development of labor law in foreign countries, especially at the EU level in matters of collective bargaining regulation. Since the successful reform of national labor legislation, the adoption of the new Labor Code of Ukraine are impossible without taking into account the positive experience of regulating labor relations by EU labor legislation. Therefore, the purpose of the article is to analyze foreign (primarily European) legislation in the field of collective bargaining regulation. Based on the analysis of the norms of European legislation, it was established that in the legal systems of foreign states the institution of collective-contractual regulation of labor relations is of key importance, since it serves as the foundation of social dialogue at the level of economic entities - enterprises, institutions, organizations. The collective agreement is recognized as the main legal mechanism for regulating labor rights and guarantees of employees, as well as a tool for implementing the principles of social justice and decent work. Within the framework of collective-contractual regulation, working conditions are specified, taking into account the peculiarities of production activities and the financial and economic condition of the employer. In this regard, the process of European integration of Ukraine necessitates not only the formal coordination of the provisions of national labor legislation with the norms of the acquis communautaire, but also the implementation of deep harmonization and implementation of progressive European approaches to the sphere of collective-contractual regulation. It is concluded that in the course of updating the labor legislation of Ukraine, it is advisable to focus on improving the legal institution of the collective agreement and the agreement as such, which covers the entire spectrum of social and labor relations: labor organization, employment security, the remuneration system, social and household guarantees, etc. Their proper legal consolidation and effective implementation will contribute to achieving a balance of interests of the parties to the labor agreement, ensuring the rights of employees and sustainable economic development.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-06-24
DOI
https://doi.org/10.24144/2788-6018.2025.03.1.87
Primary Topic
Labor Market and Education
Type
article
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article

Peculiarities of collective bargaining regulation of labor relations in foreign countries

I. V. Tupikov
Analytical and Comparative Jurisprudence
Labor Market and Education
article

Peculiarities of collective bargaining regulation of labor relations in foreign countries

I. V. Tupikov
article en

Abstract

In the context of labor law reform, in particular, the adoption of the new Law of Ukraine “On Collective Agreements and Contracts”, the publication of the draft law on collective labor disputes, as well as taking into account the increasingly clear prospects for Ukraine’s integration into the European Union, it is important to understand the current trends in the development of labor law in foreign countries, especially at the EU level in matters of collective bargaining regulation. Since the successful reform of national labor legislation, the adoption of the new Labor Code of Ukraine are impossible without taking into account the positive experience of regulating labor relations by EU labor legislation. Therefore, the purpose of the article is to analyze foreign (primarily European) legislation in the field of collective bargaining regulation. Based on the analysis of the norms of European legislation, it was established that in the legal systems of foreign states the institution of collective-contractual regulation of labor relations is of key importance, since it serves as the foundation of social dialogue at the level of economic entities - enterprises, institutions, organizations. The collective agreement is recognized as the main legal mechanism for regulating labor rights and guarantees of employees, as well as a tool for implementing the principles of social justice and decent work. Within the framework of collective-contractual regulation, working conditions are specified, taking into account the peculiarities of production activities and the financial and economic condition of the employer. In this regard, the process of European integration of Ukraine necessitates not only the formal coordination of the provisions of national labor legislation with the norms of the acquis communautaire, but also the implementation of deep harmonization and implementation of progressive European approaches to the sphere of collective-contractual regulation. It is concluded that in the course of updating the labor legislation of Ukraine, it is advisable to focus on improving the legal institution of the collective agreement and the agreement as such, which covers the entire spectrum of social and labor relations: labor organization, employment security, the remuneration system, social and household guarantees, etc. Their proper legal consolidation and effective implementation will contribute to achieving a balance of interests of the parties to the labor agreement, ensuring the rights of employees and sustainable economic development.

Analytical and Comparative JurisprudenceVol. 1(3)
Openalex Percentile: Top 76%
Labor Market and Education
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